특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence of the lower court (one year of imprisonment) is too unreasonable.
2. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) and the violation of the Road Traffic Act (after-accident) committed by the judgment defendant is highly likely to be subject to social criticism, and thus, it is necessary to impose strict liability corresponding to that of the defendant.
However, in full view of the fact that the defendant is deeply against the crime of this case, that there is no criminal history, that the defendant agreed with the victims of this case, that the vehicle operated by the defendant was covered by the comprehensive automobile insurance, that the defendant was covered by the defendant's age, sex and environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the argument of this case, such as the circumstances after the crime, the court below's punishment is too unreasonable. Thus, the above argument by the defendant is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime committed under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of view of escape after the injury from duty and actual injury), and Articles 148 and
1. Articles 40 and 50 of the Criminal Act (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and for the violation of Road Traffic Act (unnecessary measures after an accident) against the rocketing cargo, and punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against G with the largest sentence for the crime committed);
1. Selection of penalty: